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Urgent Advice Needed

agc1111

Newbie
Dec 28, 2012
5
0
My work permit expired on June 30, 2012 and so did my wife's visitor record. I accepted a job offer and submitted our application for restoration of status on Sep 25, 2012 which was within the 90 day limit. A CIC call agent informed me that since my wife is a dependent I just need to submit one application form and pay $150 as well as $200 x 2 as restoration fees (total $550). I was told that the $75 for my wife's temp permit (visitor record) is not necessary. I provided all the required documents - our passport copies, copies of my prev. work permit and my wife's visitor record, proof of fee payement, marriage certificate, and a detailed letter explaining the reason for overstaying beyond the validity of our permits. I specifically called later to confirm that my application was complete.

On Dec 28, I received my work permit - but a visitor record was not issued to my wife. A separate letter had the following statement "Please note: For your information. No application or request has been received at our office for your spouse"

I may have misunderstood the CIC agent who informed me about the single application form. I immediately sent a separate application form for my wife via courier (plus all the documents above) to CPC Vegerville and explained that I initially provided my wife's documents with my application with the intention of restoring her status and getting a visitor record. I spoke to a CIC agent who confirmed there was no attempt from CIC to contact me to provide the missing document. The agent said since she is out of the 90 days window, I could send my wife's application to the Canadian Embassy in the country of her origin - without her leaving Canada provided I explain the situation - or send my wife to the US, apply for a visitor visa, and obtain a visitor record on her way in.

The problem is that she is scheduled for surgery soon (for a very very serious health condition), and health coverage is tied to a valid status. Sending her out of Canada at this critical juncture is not an option. Sending the application to her country of origin and back will take a very long time.

I went to the Canadian-US border as well to see if I could flagpole. I didn't take my wife with me as I only wanted to get information and didn't want to risk her being denied reentry. The officer rudely cut me off and refused to answer any questions - saying that under the privacy act he can only give information to my wife - but that he would suggest that I hire a lawyer. I told him that she is a dependent and she consented that I communicate on her behalf, also showed him the Use of Representative form, but he didn't change his mind. What options do I have?
 

scylla

VIP Member
Jun 8, 2010
95,921
22,166
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I don't think you can flagpole unless you are from a visa exempt country or have valid status in Canada (which your wife doesn't). However I could be mistaken.

I honestly think your question is too complicated for this forum. I would consult with a good immigration lawyer to make sure you get the right answer.

Good luck.
 

agc1111

Newbie
Dec 28, 2012
5
0
Thanks for the prompt reply. Lawyers offices are closed for holidays. I guess I had some points that need clarification based on the vast experience of users on this forum

1. When I sent my wife's application now to CIC, does that carry a bigger risk? the letter they sent initially only stated that they didn't receive an application for my wife, but there was nothing else in regards to the need to leave Canada etc. The suggestions offered by the call agent -that my wife could stay given the nature of her situation but she should send an application to a canadian embassy of the country of origin- seemed quite unusual, and not in keeping with standard procedure. What I mean to say is am I compromising my wife's situation further by sending this application now to Vegreville, because it may me rejected and then they will be obligated to formally request that my wife leave the country, something they haven't done so far

2. Which leads me to the second question. Should I instead send her visitor visa application to the US -while she stays here- and if it is issued then flagpole to get the visitor permit? If that is better should I then withdraw the inland application?

3. Any suggestions to good lawyers in surrey/richmond/van area?